BW Legal / Link Parking Court Summons on Resident Parking Permit Land (I have a Permit!)

marketsqhero

Half_way said:

You said

" the parking management at The Brewery Apartments will come into effect shortly."

What was there before hand??

So, my understanding is that the apartment complex opened in August 2017 without any parking management, and Link took on the management from 1st November 2017. I didn't actually move in until February 2018 so it was already in force (although at the point I moved in I never received any of this info from the Letting Agency, the email I copied that from was sent to me in May 2019 when I questioned something)

D_P_Dance

What a letting agency may say or do is of no consequence, it is what is in your lease/AST that matters.

Please read this thread in its  entirety.

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

You will see that it is unlikely that the MA has complied with the law.  If that is the case it is doubtful that the PPC has control over the manner in which you chose to park

IMO the best way forward is to let a judge decide

Coupon-mad

marketsqhero said:

Umkomaas said:

You need to check what your legal documents outlining your residency say about the car parking conditions. Often they say nothing - that's pretty powerful!

Were Link installed on site before or after your occupation of the property?

The only thing I was ever sent was a summary of the conditions via email from the letting agency. Copied below:

Residential Parking Spaces

Dear Residents,

I am pleased to advise that the parking management at The Brewery Apartments will come into effect shortly. As soon as signage is ready to go up and the remaining details have been finalised the official start date will be confirmed but we expect this to be 1st November 2017. Below is a summary of the system & how it will work:

Please note the system will be strictly enforced. Once tickets have been issued, details go straight to DVLA electronically and enforcement action follows within prescribed timescales. Tickets will have the headline charge of £100, reduced to £60 for payment within 14 days.

• Parking spaces 1-22 on the attached plan have been earmarked for residential use. 

• Bennington Street residents with a right to park (“authorised residents”) may park in any of these 22 spaces. They may not park in spaces 23 or 24 or any of the other spaces further along Oxford Passage which are allocated for Brewery Quarter staff and contractor use. 

• Link Parking will shortly issue a Parking Permit for each authorised resident, which will be available for collection from Hamptons upon notification.

• The Permit will simply be numbered (no names or registration numbers).

• The Permit is to be displayed on the dashboard of the car being parked in the residential spaces. Windscreen Permit cases will not be supplied.

• Residents may transfer the Permit to another car temporarily. For example if a new car is bought they can use it straight away rather than wait until their new registration details have been passed to Link Parking. Or if a resident has a visitor, you can let the visitor use an available space by placing your Permit in the visitor’s car. The resident cannot park in a residential space as well while the visitor is using their Permit.

• Any car parked in a residential space without a Permit properly displayed will receive a ticket. Likewise any resident parking in the staff parking spaces will be ticketed, whether displaying a Permit or not.

• There will be no exceptions so if an authorised resident does not display their Permit, they will receive a ticket. We will not enter into discussions about cancelling tickets because the resident forgot/the Permit fell off/the Permit has been lost etc. A Permit must be displayed and parking must be in the right location for it to be allowed. 

• Lost Permits should be reported to Hamptons by email as soon as possible so that Link parking can be notified. There is normally a £10 fee for replacing a lost permit but we will waive this for the first loss. The resident will have to pay £10 each time thereafter – Link parking will organise this charge directly with the resident. Whilst a new Permit is being organised, arrangements will be made with Link Parking so that the resident can continue to park from the time the Permit was reported lost until the new Permit is received. Tickets issued before the Permit has been reported as lost will not be cancelled and must be paid.

Please make arrangements to park away from the development if you do not have an agreed right to park. If you would be interested in arranging parking please do not hesitate to contact me as a matter of urgency as all parking is provided on a first come first served basis.

Why on earth would any residents accept that?  What is the matter with people that they read that and thought ''OK then''.

Redx

marketsqhero said:

KeithP said:

marketsqhero said:

Issue Date is 15 Dec 2020

With a Claim Issue Date of 15th December, you have until Monday 4th January to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Should I also sent an email to BW Legal to advise them as per the Newbie thread, with the comment about putting the case "on hold" for 30 days?

No , that is for the LBC stage , not a court claim

marketsqhero

Coupon-mad said:

marketsqhero said:

Umkomaas said:

You need to check what your legal documents outlining your residency say about the car parking conditions. Often they say nothing - that's pretty powerful!

Were Link installed on site before or after your occupation of the property?

The only thing I was ever sent was a summary of the conditions via email from the letting agency. Copied below:

Residential Parking Spaces

Dear Residents,

I am pleased to advise that the parking management at The Brewery Apartments will come into effect shortly. As soon as signage is ready to go up and the remaining details have been finalised the official start date will be confirmed but we expect this to be 1st November 2017. Below is a summary of the system & how it will work:

Please note the system will be strictly enforced. Once tickets have been issued, details go straight to DVLA electronically and enforcement action follows within prescribed timescales. Tickets will have the headline charge of £100, reduced to £60 for payment within 14 days.

• Parking spaces 1-22 on the attached plan have been earmarked for residential use. 

• Bennington Street residents with a right to park (“authorised residents”) may park in any of these 22 spaces. They may not park in spaces 23 or 24 or any of the other spaces further along Oxford Passage which are allocated for Brewery Quarter staff and contractor use. 

• Link Parking will shortly issue a Parking Permit for each authorised resident, which will be available for collection from Hamptons upon notification.

• The Permit will simply be numbered (no names or registration numbers).

• The Permit is to be displayed on the dashboard of the car being parked in the residential spaces. Windscreen Permit cases will not be supplied.

• Residents may transfer the Permit to another car temporarily. For example if a new car is bought they can use it straight away rather than wait until their new registration details have been passed to Link Parking. Or if a resident has a visitor, you can let the visitor use an available space by placing your Permit in the visitor’s car. The resident cannot park in a residential space as well while the visitor is using their Permit.

• Any car parked in a residential space without a Permit properly displayed will receive a ticket. Likewise any resident parking in the staff parking spaces will be ticketed, whether displaying a Permit or not.

• There will be no exceptions so if an authorised resident does not display their Permit, they will receive a ticket. We will not enter into discussions about cancelling tickets because the resident forgot/the Permit fell off/the Permit has been lost etc. A Permit must be displayed and parking must be in the right location for it to be allowed. 

• Lost Permits should be reported to Hamptons by email as soon as possible so that Link parking can be notified. There is normally a £10 fee for replacing a lost permit but we will waive this for the first loss. The resident will have to pay £10 each time thereafter – Link parking will organise this charge directly with the resident. Whilst a new Permit is being organised, arrangements will be made with Link Parking so that the resident can continue to park from the time the Permit was reported lost until the new Permit is received. Tickets issued before the Permit has been reported as lost will not be cancelled and must be paid.

Please make arrangements to park away from the development if you do not have an agreed right to park. If you would be interested in arranging parking please do not hesitate to contact me as a matter of urgency as all parking is provided on a first come first served basis.

Why on earth would any residents accept that?  What is the matter with people that they read that and thought ''OK then''.

As an addition, I've just dug out my Tenancy Agreement, the only mention of parking in there is this paragraph
7.6  Parking

1. IT IS MUTUALLY AGREED BETWEEN THE PARTIES, that the Landlord will supply one parking space only. IT IS FURTHER AGREED that, prior to the commencement of the tenancy, the Tenant shall supply to the Landlord his car registration, and for subsequent vehicles changes. The Landlord may issue a parking permit which must be on display in the registered vehicle, at all times. FOR THE AVOIDENCE OF DOUBT the Landlord may withdraw the parking space whereupon any misuse has taken place.

D_P_Dance

I have been a landlord for over 40 years and have never seen anything like that before in an AST.  Why should a landlord be interested in a tenants VRN?  

marketsqhero

I’m aware it’s the holiday period, but I’ve had no response from Link regarding the SAR, not even an email to say they’ve acknowledged receiving it. Does this affect anything re court dates / defence etc?

Redx

No it doesn't affect dates etc

Your SAR gave them 30 days as required by GDPR , the DPA 2018 , if it's not been 30 days , your expectations are unrealistic

Legal deadline dates like court are not subject to a SAR reply

Fruitcake

marketsqhero said:

Coupon-mad said:

marketsqhero said:

Umkomaas said:

You need to check what your legal documents outlining your residency say about the car parking conditions. Often they say nothing - that's pretty powerful!

Were Link installed on site before or after your occupation of the property?

The only thing I was ever sent was a summary of the conditions via email from the letting agency. Copied below:

Residential Parking Spaces

Dear Residents,

I am pleased to advise that the parking management at The Brewery Apartments will come into effect shortly. As soon as signage is ready to go up and the remaining details have been finalised the official start date will be confirmed but we expect this to be 1st November 2017. Below is a summary of the system & how it will work:

Please note the system will be strictly enforced. Once tickets have been issued, details go straight to DVLA electronically and enforcement action follows within prescribed timescales. Tickets will have the headline charge of £100, reduced to £60 for payment within 14 days.

• Parking spaces 1-22 on the attached plan have been earmarked for residential use. 

• Bennington Street residents with a right to park (“authorised residents”) may park in any of these 22 spaces. They may not park in spaces 23 or 24 or any of the other spaces further along Oxford Passage which are allocated for Brewery Quarter staff and contractor use. 

• Link Parking will shortly issue a Parking Permit for each authorised resident, which will be available for collection from Hamptons upon notification.

• The Permit will simply be numbered (no names or registration numbers).

• The Permit is to be displayed on the dashboard of the car being parked in the residential spaces. Windscreen Permit cases will not be supplied.

• Residents may transfer the Permit to another car temporarily. For example if a new car is bought they can use it straight away rather than wait until their new registration details have been passed to Link Parking. Or if a resident has a visitor, you can let the visitor use an available space by placing your Permit in the visitor’s car. The resident cannot park in a residential space as well while the visitor is using their Permit.

• Any car parked in a residential space without a Permit properly displayed will receive a ticket. Likewise any resident parking in the staff parking spaces will be ticketed, whether displaying a Permit or not.

• There will be no exceptions so if an authorised resident does not display their Permit, they will receive a ticket. We will not enter into discussions about cancelling tickets because the resident forgot/the Permit fell off/the Permit has been lost etc. A Permit must be displayed and parking must be in the right location for it to be allowed. 

• Lost Permits should be reported to Hamptons by email as soon as possible so that Link parking can be notified. There is normally a £10 fee for replacing a lost permit but we will waive this for the first loss. The resident will have to pay £10 each time thereafter – Link parking will organise this charge directly with the resident. Whilst a new Permit is being organised, arrangements will be made with Link Parking so that the resident can continue to park from the time the Permit was reported lost until the new Permit is received. Tickets issued before the Permit has been reported as lost will not be cancelled and must be paid.

Please make arrangements to park away from the development if you do not have an agreed right to park. If you would be interested in arranging parking please do not hesitate to contact me as a matter of urgency as all parking is provided on a first come first served basis.

Why on earth would any residents accept that?  What is the matter with people that they read that and thought ''OK then''.

As an addition, I've just dug out my Tenancy Agreement, the only mention of parking in there is this paragraph
7.6  Parking

1. IT IS MUTUALLY AGREED BETWEEN THE PARTIES, that the Landlord will supply one parking space only. IT IS FURTHER AGREED that, prior to the commencement of the tenancy, the Tenant shall supply to the Landlord his car registration, and for subsequent vehicles changes. The Landlord may issue a parking permit which must be on display in the registered vehicle, at all times. FOR THE AVOIDENCE OF DOUBT the Landlord may withdraw the parking space whereupon any misuse has taken place.

Unless it is mentioned anywhere else, there is no mention of an unregulated parking scammer infesting the site, nor paying PCNs, nor court claims. There is no mention that the landlord shall or must issue a permit, only that they may do so, nor any conditions or actions regarding non display of a permit by the landlord, let alone by an unregulated scammer who is a stranger to the lease/AST.

Any changes to your rights will require a ballot of all parties to be conducted in accordance with Section 37 of the Landlord and Tenants Act 1987. 

Having said all that, I wouldn't have touched the place with a 3,2m bargepole just from that section of the lease alone. The email from the letting agent would have caused me to dump them fifthwith, and told them why.

When do you plan to move out? I am serious.

Umkomaas

marketsqhero said:

I’m aware it’s the holiday period, but I’ve had no response from Link regarding the SAR, not even an email to say they’ve acknowledged receiving it. Does this affect anything re court dates / defence etc?

But you only sent that on 21 December, just 11 days ago, and around half of those days will have seen the PPC closed for Christmas/NY.  Add in COVID delays in the system too. Your expectations are totally unrealistic. Expect a reply by 20 January. 

PPCs don't acknowledge a SAR, they just respond with the information by the deadline. They're going to do absolutely nothing to help you.